Legal Opinion
Nationwide Terminals, Inc. v. MC Constraction Group, Inc.
District Court of Appeal of Florida
Decided April 11, 2007No. 3D06-586PublishedCited by 5 opinions
1Opinion of the CourtRamirez, J.
Nationwide Terminals, Inc., a Florida corporation, appeals the dismissal of its counterclaim against MC Construction Group, Inc., who was suing for the use and benefit of National Union Fire Insurance *706Company of Pittsburgh, PA, as assignee. Because Nationwide Terminals cannot file a counterclaim against the plaintiff here in its individual capacity when the plaintiff is pursuing the original claim solely in a representative capacity, we affirm the trial court.
MC Construction, the general contractor, filed an action for breach of contract and foreclosure of a construction hen against…
2Cases cited2 opinions
- Fidelity-Philadelphia Trust Co. v. BallDistrict Court of Appeal of Florida · 1968
- Hall v. McDonoughDistrict Court of Appeal of Florida · 1968
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